IT/ILT : Order of remand based by Tribunal without considering assessee's objection relating to non-compliance of section 144C by authorities below was to be set aside with a direction for de novo consideration
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[2015] 55 taxmann.com 160 (Madras)
HIGH COURT OF MADRAS
India Trimmings (P.) Ltd.
v.
Assistant Commissioner of Income-tax, Co. Circle -IV(2)*
R. SUDHAKAR AND R. KARUPPIAH, JJ.
T.C.(A) NOS. 932 & 875 OF 2014†
DECEMBER 16, 2014
Section 144C, read with section 254, of the Income-tax Act, 1961 - Transfer pricing - Reference to DRP - Assessment year 2007-08 - Whether where Tribunal in course of appellate proceedings, did not consider assessee's objection in relation to non-compliance of provisions of section 144C by authorities below and passed an ex parte non-speaking order of remand, order so passed was to be set aside and, matter was to be remanded back for disposal afresh on merits - Held, yes [Paras 16 and 17] [Matter remanded]
■■■
[2015] 55 taxmann.com 160 (Madras)
HIGH COURT OF MADRAS
India Trimmings (P.) Ltd.
v.
Assistant Commissioner of Income-tax, Co. Circle -IV(2)*
R. SUDHAKAR AND R. KARUPPIAH, JJ.
T.C.(A) NOS. 932 & 875 OF 2014†
DECEMBER 16, 2014
Section 144C, read with section 254, of the Income-tax Act, 1961 - Transfer pricing - Reference to DRP - Assessment year 2007-08 - Whether where Tribunal in course of appellate proceedings, did not consider assessee's objection in relation to non-compliance of provisions of section 144C by authorities below and passed an ex parte non-speaking order of remand, order so passed was to be set aside and, matter was to be remanded back for disposal afresh on merits - Held, yes [Paras 16 and 17] [Matter remanded]
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